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Website Seeks Partial Dismissal of College’s Copyright Claim

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Annie Lee was quoted in Law360’s coverage of study-aid website Course Hero asking a federal judge to dismiss portions of a copyright lawsuit by Post University Inc.

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Annie Lee was quoted in Law360’s coverage of study-aid website Course Hero asking a federal judge to dismiss portions of a copyright lawsuit by Post University Inc.According to Annie, who is part of the team representing Course Hero, the website’s copyright notice was “visually distinct and separate,” or “far away” from, the file at issue on its site, thus rendering it impossible for a reasonable juror to conclude that the website was laying claim to the university’s works via providing false CMI (copyright management information).Joe Gratz, Allyson Bennett, Vera Ranieri, Ian Bennett, and Justin Rezkalla also represent Course Hero.Read the <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/bltaa29e3f7ab3cec00/64dff44104539bca6a5aa921/230818-website-seeks-partial-dismissal.pdf" target="_self">full article</a>.

Website Seeks Partial Dismissal of College’s Copyright Claim

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Clients turn to Joe Gratz to handle trailblazing litigation where copyright and trademark law meet new technologies. An experienced litigator, Joe draws on his strong technical background to distill complex issues into simple, accurate concepts for judges, juries, and clients. Joe’s cases have set key precedents in Internet law, from the Google Books case that laid the groundwork for today’s generative AI innovations to key cases establishing the boundaries of intermediary liability. In addition to representing their interests in the courtroom, Joe helps his clients navigate their thorniest product counseling puzzles to reduce the risk of litigation.His appellate victory in Long v. Facebook set the standard for platforms in carrying out DMCA removals of user-generated content. And Joe’s win in Stevens v. CoreLogic established limitations on DMCA 1202 claims that have since been adopted by numerous other courts. His amicus brief on behalf of independent booksellers was cited by the Supreme Court in its opinion in Wiley v. Kirtsaeng, and he has submitted amicus briefs in other copyright cases on behalf of Center for Democracy & Technology (in Oracle v. Google) and on behalf of art law professors (in Warhol v. Goldsmith).A recognized commentator on copyright and internet law, Joe was selected as an advisor for the American Law Institute’s project to develop a Restatement of Copyright, and serves on the Advisory Board of the Electronic Frontier Foundation. He frequently speaks on emerging issues in Internet law and was called upon by the Senate Judiciary Committee in 2020 to testify about the interaction between the DMCA 512 safe harbor and fair use. Joe was the 2022 recipient of the California Lawyers Association’s IP Vanguard award, presented to one private practitioner each year for achievements at the forefront of emerging issues in intellectual property law.

Joseph Gratz

Partner

Ian Bennett is an Intellectual Property Litigation associate based in Morrison Foerster’s San Francisco office and a graduate of Morrison Foerster’s Two-Summer Patent Program for Patent Litigation.Ian received his J.D. from Columbia Law School, where he was a Butler Fellow and a James Kent Scholar and served as a managing editor for the Columbia Law Review. During his time at Columbia, Ian worked as a research assistant to Professor Jane Ginsburg, providing research on books and articles on copyright law. Ian also externed for Judge Joseph F. Bianco on the Second Circuit Court of Appeals.Ian won first place in the New York Bar Association’s Professor William R. Ginsberg Memorial Essay Contest for his article “Mitigating the Next Disaster: Strengthening the U.S. Chemical Safety and Hazard Investigation Board.” His article was published in the Environmental Claims Journal and republished in the New York Environmental Lawyer.Ian earned a B.E. in Chemical Engineering from McGill University. At McGill, he performed research involving controlled radical polymerization and co-authored two papers based on the work.

Ian Bennett

Associate

Justin Rezkalla is an associate in the Litigation Department of Morrison Foerster, where his practice focuses on complex commercial disputes. He represents companies and individuals in federal and state courts, with experience spanning all phases of litigation from case development through trial.Justin has worked on matters involving intensive fact and expert discovery, witness preparation, and the development of trial strategy in complex disputes. He has drafted dispositive motions, motions in limine, and trial briefs. He has contributed to managing large-scale discovery, coordinating with technical and industry experts, and preparing fact and expert witnesses for deposition and trial. Justin’s work also includes case experience in products liability, copyright, and trademark litigation.Prior to joining Morrison Foerster, Justin worked in the U.S. Department of Justice’s Fraud Section. During law school, he externed for a judge on the U.S. District Court for the Northern District of California and for the U.S. Attorney’s Office for the Central District of California, gaining early exposure to courtroom proceedings and federal litigation.Justin received his J.D. from the University of California, Berkeley, School of Law, where he completed a certification in law and technology and served as a senior editor of the Berkeley Journal of International Law. He earned his undergraduate degree from Georgetown University.

Justin Rezkalla

Copyright

Patent Litigation

Law360